Sandip Sankarlal Kedia v. Pooja Sandip Kedia
Case brief
What is this about?
In a writ petition regarding matrimonial property, the court held that a respondent wife owning one flat jointly converted to one is entitled to compensation for the husband's use and occupation. The temporary partition can be dispensed with if monetary compensation is paid pending the family court trial.
What did the court decide?
Writ petition disposed of; husband directed to pay Rs. 75,000/month compensation for use of respondent's flat pending trial, with right to apply for reduction based on market value.
What the court decided
WP-2254-11
1
mmj
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2254 OF 2011
Sandip Sankarlal Kedia
..Petitioner
vs.
Pooja Sandip Kedia
..Respondent
Mr. Pradeep Sancheti Sr. Counsel a/w Mr. Siddharth Murarkar for the Petitioner Mr. R. T. Lalwani for the Respondent
CORAM : SMT. ROSHAN DALVI, J. DATED : 2nd August, 2011
P.C. :
- Rule. Returnable forthwith.
Issues for consideration
3 issues framed by the court
Whether the respondent is entitled to compensation for the use and occupation of a flat purchased out of her own funds which is being occupied by the husband.
Whether a temporary partition is mandatory in matrimonial disputes involving property ownership when monetary compensation is available.
Who bears the burden of proving that the purchase consideration paid by the wife has been returned to her.
Parties & counsel
- petitioner
Sandip Sankarlal Kedia
- respondent
Pooja Sandip Kedia
Coram
Roshan Dalvi
Case details
As recorded by the court registry
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